"The new contract will ensure that Daniels can "(a) speak openly and freely about her prior relationship with the president and the attempts to silence her and (b) use and publish any text messages, photos and/or videos relating to the president that she may have in her possession, all without fear of retribution and/or legal liability for damages".

Michael Avenatti alleges that because Judge Elizabeth Feffer of Los Angeles Superior Court is seeking a federal appointment, it is not appropriate for her to preside over a case involving the president.

Avenatti set a deadline of noon Tuesday for a response - but heard only crickets as the deadline passed.

"The president and Mr. Cohen have purposely ignored our settlement offer, thus doubling down on their efforts to muzzle Ms. Clifford and prevent her from telling the American people what happened", Avenatti posted on Twitter.

Clifford could face a US$1 million penalty if she breaks the nondisclosure agreement.

No air date has been set for the interview. Neither Cohen, nor his lawyer, Lawrence Rosen, responded to a request for comment.

News President David Rhodes' statement at a conference in Israel Tuesday was the first time CBS publicly confirmed it had interviewed Daniels, who has alleged an extramarital affair with Donald Trump before he became president.

On Friday, the lawyer filed a document to remove the judge assigned to the case.